S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10246
 
                           I N  A S S E M B L Y
 
                               April 8, 2020
                                ___________
 
 Introduced  by M. of A. QUART -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law, in relation  to  prohibiting
   the  search  of geolocation data of a group of people who are under no
   individual suspicion of having committed a crime
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Short  title. This act shall be known and may be cited as
 the "reverse location search prohibition act".
   § 2. The criminal procedure law is amended by adding a new article 695
 to read as follows:
                                ARTICLE 695
                         REVERSE LOCATION SEARCHES
 SECTION 695.00 DEFINITIONS.
         695.10 ISSUANCE OF REVERSE LOCATION COURT ORDERS.
         695.20 EXECUTION OF REVERSE LOCATION SEARCHES.
         695.30 REVERSE LOCATION SEARCHES; SUPPRESSION OF EVIDENCE.
         695.40 REVERSE LOCATION SEARCHES; PRIVATE RIGHT OF ACTION.
         695.50 PHYSICAL SEARCHES EXCLUDED.
         695.60 IMMUNITY FROM SUSPENSION.
 § 695.00 DEFINITIONS.
   AS USED IN THIS ARTICLE, THE FOLLOWING TERMS HAVE THE FOLLOWING  MEAN-
 INGS:
   1.  "REVERSE  LOCATION COURT ORDER" MEANS ANY COURT ORDER, INCLUDING A
 SEARCH WARRANT, COMPELLING THE  DISCLOSURE  OF  RECORDS  OR  INFORMATION
 PERTAINING  TO  ELECTRONIC DEVICES OR THEIR USERS OR OWNERS, WHOSE SCOPE
 EXTENDS TO AN UNKNOWN NUMBER OF ELECTRONIC DEVICES PRESENT  IN  A  GIVEN
 GEOGRAPHIC  AREA  AT  A  GIVEN  TIME  AS MEASURED VIA GLOBAL POSITIONING
 SYSTEM COORDINATES, CELL  TOWER  CONNECTIVITY,  OR  ANY  OTHER  FORM  OF
 LOCATION DETECTION.
   2.  "VOLUNTARY  REVERSE  LOCATION  REQUEST"  MEANS  ANY REQUEST IN THE
 ABSENCE OF A COURT ORDER BY A LAW ENFORCEMENT  OFFICER  FOR  RECORDS  OR
 INFORMATION  PERTAINING  TO ELECTRONIC DEVICES OR THEIR USERS OR OWNERS,
 WHOSE SCOPE EXTENDS TO AN UNKNOWN NUMBER OF ELECTRONIC  DEVICES  PRESENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15834-02-0

 A. 10246                            2
 
 IN A GIVEN GEOGRAPHIC AREA AT A GIVEN TIME, WHETHER SUCH DEVICE LOCATION
 IS  MEASURED  VIA  GLOBAL  POSITIONING  SYSTEM  COORDINATORS, CELL TOWER
 CONNECTIVITY, OR ANY OTHER FORM OF LOCATION DETECTION.
   3. "LAW ENFORCEMENT OFFICER" MEANS ANY PUBLIC SERVANT WHO IS EMPOWERED
 BY  LAW TO CONDUCT AN INVESTIGATION OR TO MAKE AN ARREST, AND ANY ATTOR-
 NEY AUTHORIZED BY LAW TO PROSECUTE OR PARTICIPATE IN THE PROSECUTION  OF
 AN OFFENSE.
 § 695.10 ISSUANCE OF REVERSE LOCATION COURT ORDERS.
   NO COURT SHALL ISSUE A REVERSE LOCATION COURT ORDER.
 § 695.20 EXECUTION OF REVERSE LOCATION SEARCHES.
   1.  NO  LAW  ENFORCEMENT OFFICER SHALL SEEK, FROM ANY COURT, A REVERSE
 LOCATION COURT ORDER.
   2. NO LAW ENFORCEMENT OFFICER SHALL MAKE A VOLUNTARY REVERSE  LOCATION
 REQUEST.
 § 695.30 REVERSE LOCATION SEARCHES; SUPPRESSION OF EVIDENCE.
   1.  UPON MOTION FROM A DEFENDANT, A COURT SHALL ORDER THAT EVIDENCE BE
 SUPPRESSED OR EXCLUDED IF THE COURT FINDS THAT SUCH EVIDENCE:
   (A) CONSISTS OF A RECORD ACQUIRED VIA A REVERSE LOCATION  COURT  ORDER
 OR VOLUNTARY REVERSE LOCATION REQUEST; OR
   (B)  WAS  OBTAINED  AS  A  RESULT  OF  OTHER EVIDENCE OBTAINED UNDER A
 REVERSE LOCATION COURT ORDER OR VOLUNTARY REVERSE LOCATION REQUEST.
   2. THIS SECTION SHALL APPLY REGARDLESS OF THE COURT WHICH  ISSUED  THE
 ORDER  AND REGARDLESS OF WHETHER THE ISSUANCE OF THE ORDER WAS PERMISSI-
 BLE UNDER THE PROCEDURES OF THAT COURT.
 § 695.40 REVERSE LOCATION SEARCHES; PRIVATE RIGHT OF ACTION.
   1. ANY INDIVIDUAL WHOSE RECORDS WERE OBTAINED  BY  A  LAW  ENFORCEMENT
 OFFICER  IN  VIOLATION OF SECTION 695.20 OF THIS ARTICLE MAY INSTITUTE A
 CIVIL ACTION AGAINST THE EMPLOYING AGENCY OF THE LAW ENFORCEMENT OFFICER
 FOR ANY OF THE FOLLOWING:
   (A) TO RECOVER ONE THOUSAND DOLLARS PER VIOLATION OR  ACTUAL  DAMAGES,
 WHICHEVER IS GREATER.
   (B) PUNITIVE DAMAGES.
   (C) INJUNCTIVE OR DECLARATORY RELIEF.
   (D) ANY OTHER RELIEF THE COURT DEEMS PROPER.
   2.  IN  ASSESSING  THE  AMOUNT  OF  PUNITIVE  DAMAGES, THE COURT SHALL
 CONSIDER:
   (A) THE NUMBER OF PEOPLE WHOSE INFORMATION WAS DISCLOSED.
   (B) THE PROXIMITY OF THE SEARCH TO LOCATIONS WITH  HEIGHTENED  PRIVACY
 CONCERNS,  INCLUDING,  BUT  NOT LIMITED TO, HOUSES OF WORSHIP, POLITICAL
 PROTESTS, AND MEDICAL FACILITIES.
   (C) THE PERSISTENCE OF VIOLATIONS BY THE  PARTICULAR  LAW  ENFORCEMENT
 AGENCY.
   3.  IN  ANY  ACTION  BROUGHT  UNDER  THIS SECTION, THE COURT MAY AWARD
 REASONABLE ATTORNEYS' FEES TO A PREVAILING PLAINTIFF.
 § 695.50 PHYSICAL SEARCHES EXCLUDED.
   THE LIMITATIONS OF THIS ARTICLE SHALL NOT APPLY TO THE SEARCH  OF  ANY
 ELECTRONIC  DEVICE  LAWFULLY  SEIZED PURSUANT TO A SEARCH WARRANT ISSUED
 UNDER ARTICLE SIX HUNDRED NINETY OF THIS TITLE.
 § 695.60 IMMUNITY FROM SUSPENSION.
   NO PROVISION OF THIS ARTICLE SHALL BE SUSPENDED BY THE GOVERNOR  UNDER
 THE AUTHORITY GRANTED IN SECTION TWENTY-NINE-A OF THE EXECUTIVE LAW.
   § 3. This act shall take effect immediately.